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2oioo~o70 The Secretary may seek any other legal or equitable remedy, including but not limited to, specific performance, in addition to liquidated damages. 10. Covenants to Run with Land. The Owner hereby subjects the Property to the covenants, reservations and restrictions set forth in this Agreement. The Owner shall not convey ar transfer any of the Property without the prior written approval of the Secretary. The Owner hereby declares its express intent that the covenants, reservations and restrictions set forth herein shall be deemed covenants running with the land to the extent permitted by law and shall pass to and be binding upon the successors in title to the Prapcrty throughout the Term. Each and every contract, deed, mortgage or other instrument hereafter executed covering or conveying the Property ar any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations and restrictions, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument. The Secretary hereby agrees that, upon the request of the Owner made on or after the expiration of the Term, the Secretary shall execute a recordable instrument approved by the Secretary far purposes of releasing this Agreement oFrecord. All casts and expenses relating to the preparation and recording of such release shall be paid by the Owner. 11. Superiority. The parties hereto understand and agree that, notwithstanding any provisions contained in this Agreement, or any other instrument or agreement affecting the Property, the restrictions and covenants hereunder are not intended by the parties hereto to either create a lien upon the Property, or grant any right of foreclosure, under the laws of the jurisdiction where the project is located, to any party hereto or third party beneficiary hereof upon a default of any provision herein, rather they are intended by the parties hereto to constitute a restrictive covenant that is filed of record. 12. Other Agreements. The Owner represents and warrants that it will not execute any other agreements with provisions contradictory or in opposition to the provisions of this Agreement anal that, in any event, the provisions of this Agreement are paramount and controlling as to the rights and obligations set forth herein and supersede any other conflicting requirements. 13. Binding Effect. Upon conveyance of the Property during the Term, the Owner shall require its successor or assignee to assume its obligations under this Agreement. In any event, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and/or assigns. 14. Amendment. This Agreement may not be modified except by an instrument in writing executed by each. of the parties that arc signatories hereto. Form HUD-93142c-GRP 11/2009